(a) Notice of any injury or death in respect of which compensation is payable under this chapter shall be given within 30 days after the date of such injury or death, or 30 days after the employee or beneficiary is aware or in the exercise of reasonable diligence should have been aware of a relationship between the injury or death and the employment. Such notice shall be given to the Mayor and to the employer.
(b) Such notice shall be in writing, shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death, and shall be signed by the employee or by some person on his behalf, or, in case of death, by any person claiming to be entitled to compensation for such death or by a person on his behalf.
(c) Notice shall be given to the Mayor by delivering it to him or sending it by mail to him, and to the employer by delivering to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, or, if a corporation, such notice may be given to any agent or officer thereof upon whom legal process may be served or who is in charge of the business in the place where the injury occurred.
(d) Failure to give such notice shall not bar any claim under this chapter:
(1) If the employer (or his agent in charge of the business in the place where the injury occurred) or the carrier had knowledge of the injury or death and its relationship to the employment and the Mayor determines that the employer or carrier has not been prejudiced by failure to give such notice; or
(2) If the Mayor excuses such failure on the ground that for some satisfactory reason such notice could not be given; or unless objection to such failure is raised before the Mayor at the 1st hearing of a claim for compensation in respect of such injury or death.
(July 1, 1980, D.C. Law 3-77, § 14, 27 DCR 2503.)
1981 Ed., § 36-313.
This section is referenced in § 32-1538.
Structure District of Columbia Code
Chapter 15 - Workers’ Compensation
§ 32–1502. Administration; annual report to Council
§ 32–1504. Exclusiveness of liability and remedy
§ 32–1505. Commencement of compensation; maximum compensation
§ 32–1506. Supplemental allowance
§ 32–1507. Medical services, supplies, and insurance
§ 32–1508. Compensation for disability
§ 32–1509. Compensation for death
§ 32–1510. Occupational disease
§ 32–1511. Determination of average weekly wage
§ 32–1512. Guardian for minor or incompetent
§ 32–1513. Notice of injury or death
§ 32–1514. Time for filing claims
§ 32–1515. Payment of compensation
§ 32–1517. Assignment of compensation; exemption from claims of creditors
§ 32–1518. Compensation as lien against assets
§ 32–1519. Collection of defaulted payments
§ 32–1520. Procedure in respect of claims
§ 32–1521.01. Establishment of Compensation Order Review Board
§ 32–1522. Review of compensation orders
§ 32–1523. Appearance of Attorney General for the District of Columbia for Mayor
§ 32–1524. Modification of awards
§ 32–1525. Hearings before Mayor
§ 32–1526. Attendance of witnesses
§ 32–1531. Employer record of injury or death
§ 32–1533. Penalty for misrepresentation
§ 32–1534. Security for payment of compensation
§ 32–1535. Compensation for injuries where third persons are liable
§ 32–1536. Notice of compensation secured
§ 32–1537. Discharge of liability
§ 32–1539. Failure to secure payment of compensation
§ 32–1541. Administration fund
§ 32–1542. Retaliatory actions by employer prohibited
§ 32–1542.01. Establishment of Commission
§ 32–1542.02. Commissioner of the Department of Insurance, Securities, and Banking; rate filings